Criminal Writ Petition challenging the refusal of the Metropolitan Magistrate to direct investigation under Section 156(3) Cr.P.C. The Court held the order just as the matter involved a civil controversy and lacked merit.
The criminal writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP 270.11.sxw
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL WRIT PETITION NO. 270 OF 2011
Mr. Shailesh Gulab Advani.
... Petitioner.
V/s.
The State of Maharashtra & Ors.
... Respondents.
Mr. Charanjeet Chanderpal for the Petitioner. Mrs. R.V. Newton, APP for the State.
CORAM : K.U. CHANDIWAL, J.
DATED : 22nd SEPTEMBER 2011.
P.C. :-
Heard learned Counsel for the Original Complainant extensively.
WP 270.11.sxw
2
WP 270.11.sxw
3
the learned Metropolitan Magistrate as well as the learned Additional Sessions Judge in not going in tune of requisition sought by the Complainant. Petition lacks merit. Dismissed.
(K.U. CHANDIWAL,J.)
2 issues framed by the court
Whether the High Court should have directed the Metropolitan Magistrate to order investigation under Section 156(3) Cr.P.C. in a matter involving a civil dispute over a lease deed.
Whether the refusal by the learned Metropolitan Magistrate to direct investigation in terms of Section 156(3) Cr.P.C. was erroneous given the presence of a civil controversy.
1 provisions across 1 enactments
J.P.P.
The State of Maharashtra & Ors.
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
